Abstract
In an update of the „Frequently Asked Questions zur Anwendung des Alternative Investmentfonds Manager-Gesetz (AIFMG)“ (FAQs) by the Austrian Financial Market Authority (FMA) regarding the Austrian implementation (AIFMG) of the Alternative Investment Fund Managers Directive (AIFMD) dated 9 October 2020, rental pool constructions were also included as possible alternative investment funds (AIF) pursuant to the AIFMG. However, such AIF qualification needs to be assessed on a case-by-case basis and can only be affirmed in case such rental pool or rental poollike structure fulfills the requirements of a collective investment scheme. Against this background, the present article intends to provide a practical overview of cases in which a rental pool can qualify as AIF and cases in which it cannot.
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